An Overview of State and Local Contracting Issues & Practice in New Jersey

A thorough review of New Jersey’s Contracting issues, this expansive, two-part CLE course looks at both state and local methods and requirements. The first part, entitled New Jersey State Government Contract Law and Process is presented by Patrick D. Kennedy, Esq. and offers a broad overview of contracting methods and accepted alternatives. Kennedy then offers an in-depth look at areas such as interactions with procuring entity, specifications, constructing challenges in contract awards, bid protest and administrative appeals. Also included is a review of final agency appeals and successful outcomes, contract compliance and performance, debarment, suspension and ethical issues regarding government contracting. Kennedy will conclude with a brief Q & A will also be offered. The second part, entitled New Jersey Local Government Procurement Law and Process, is presented by Maeve E. Cannon, Esq., and focuses on local issues as they pertain to procurement law. The course will explain contracting methods and acceptable alternatives from the local level, specifically with regards local government entities in the state of New Jersey. The course will conclude with a brief Q & A following a review of:

A review of New Jersey State statutory requirements

Interactions with Procuring Entity

Bid Specifications and Rejection

Contract Award Challenges

Pay-to-Play

Ethics in Local Government Contracting

Do’s and Don’ts of Public Contracting

Instructor Bio

Patrick Kennedy

Patrick D. Kennedy is a partner of Hill Wallack LLP where he is partner-inchargeof the firm’s Administrative Law/Government Procurement Practice Group. Mr. Kennedy concentrates his practice in Administrative Law and Corporate Litigation including Public Procurement and Environmental Litigation with a particular emphasis on administrative, environmental and regulatory compliance. Prior to entering the private practice of law, Mr. Kennedy served in a number of capacities within New Jersey State Government. From 1973 through 1975 he was employed as non-partisan staff of the New Jersey Legislature’s office of fiscal affairs. In that capacity, he undertook performance reviews of various State operations for compliance with legislative intent.

In 1977, Mr. Kennedy was employed by the State Department of Treasury, Division of Purchase and Property, where he served in several capacities including as Assistant to the Director. Among his responsibilities were the oversight of agency complaints against vendors and the hearing of bid protests. He also served as hearing officer for matters involving vendor responsibility and potential debarment. He acted as hearing officer in Keyes Martin v. Division of Purchase and Property, the leading case in New Jersey involving vendor responsibility and conflicts, and how such conflicts can impact on a bidder’s rights to a State contract. While in the Division he was responsible for the development of regulations impacting the State’s procurement process. In 1979, Mr. Kennedy became Assistant Director of the newly formed Office of Administrative Law and was charged with the responsibility of establishing a program to evaluate the State’s corp of Judges.

In private practice, Mr. Kennedy’s activities have focused on representation of private clients seeking business with the State of New Jersey. Mr. Kennedy frequently appears before the State Appellate Division on emergent matters and has been successful in achieving stays of publicly advertised bids pending further judicial review. Mr. Kennedy frequently advises clients on the amicable resolution of ongoing procurement or contract compliance issues.Mr. Kennedy is a 1973 graduate of Rider College where he graduated with an honors degree in economics. He attended Seton Hall University School of Law where he graduated with a Juris Doctor degree with honors in 1980. Mr. Kennedy served on Governor Whitman’s transition team for the Department of Personnel, Governor McGreevey’s Transition Team for the Department of Environmental Protection, and the Supreme Court Committee on Outside Activities of Judiciary Personnel. Mr. Kennedy is a member of the Mercer County and New Jersey State Bar Associations. He served as an adjunct professor at Rider University. He serves on the Board of the American Red Cross.

Maeve Cannon

Maeve E. Cannon is a partner of Hill Wallack LLP. She is a member of the Litigation Division and Administrative Law/Government Procurement Practice Group.Ms. Cannon concentrates her practice in Administrative Law, Regulatory Compliance and Corporate Litigation including Public Procurement, Employment and Government Litigation, including Appellate Practice. Ms. Cannon has substantial experience in all aspects of public procurement disputes at the State and local levels and advises clients at each stage of the public bidding and contract process, including challenges to specifications and award, post bid contract issues, prevailing wage and suspensionand debarment. She also represents clients before a myriad of State Administrative Agencies including Labor, Treasury, Personnel and Environmental Protection.

In addition to her knowledge of Administrative and Regulatory Compliance, Ms. Cannon has experience in the areas of Employment and ERISA litigation and has represented clients in all phases of employment related litigation and compliance. She is former Township Attorney for the Township of Ewing, New Jersey. A graduate of Colorado College and Fordham University School of Law, Ms. Cannon is admitted to practice in New Jersey and Pennsylvania (1988).

Ms. Cannon is co-author of the article “The Battle for State Contracts: What Process is Due in a Challenge to a State Contract Award”? published in the New Jersey Lawyer October/November 1996 and “Government Procurement Basics” published in the CPA Journal, May 2004. She also authored the article “Avoiding Pitfalls of Mootness on Appeal” published in the New Jersey Lawyer, April 2003. She has also authored articles in environmental areas including, “When It Rains it Pours”, (addressing newly promulgated stormwater regulations) published in Mercer Business, 1994. She is a frequent lecturer on procurement, employment and other related topics. She has represented litigants in several significant published procurement and employment cases.

Ms. Cannon is very active in the Trenton Community. She sits on the Board of Directors of Womanspace, Inc., and was a member of the Executive Board of The Greater Trenton Symphony Orchestra from 1995 to 2005. She is a past member of The Union Industrial Home for Children, Corporate Resource Development Committee; Mercer County Community College, Career Service Advisory Commission; and is a past President of Trenton Business and Professional Women. She is a member of the Mercer County and New Jersey State Bar Associations.

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